Ch. 31

1997 LAWS OF MARYLAND

A PERSON WHOSE INTEREST IS OR MAY BECOME ADVERSE TO AN INJURED
INDIVIDUAL WHO IS CONFINED TO A HOSPITAL OR SANITARIUM AS A PATIENT MAY
NOT, WITHIN 15 DAYS FROM THE DATE OF THE OCCURRENCE CAUSING THE
PATIENT'S INJURY:

(1) NEGOTIATE OR ATTEMPT TO NEGOTIATE A SETTLEMENT WITH THE

PATIENT;

(2) OBTAIN OR ATTEMPT TO OBTAIN A GENERAL RELEASE OF
LIABILITY FROM THE PATIENT; OR

(3) OBTAIN OR ATTEMPT TO OBTAIN ANY STATEMENT, EITHER
WRITTEN OR ORAL FROM THE PATIENT, FOR USE IN NEGOTIATING A SETTLEMENT
OR OBTAINING A RELEASE.

(C) USE OF SETTLEMENT AGREEMENT OR RELEASE AS EVIDENCE.

ANY SETTLEMENT AGREEMENT ENTERED INTO OR ANY GENERAL RELEASE OF
LIABILITY MADE BY ANY INDIVIDUAL WHO IS CONFINED IN A HOSPITAL OR
SANITARIUM AFTER THE INDIVIDUAL INCURS A PERSONAL INJURY MAY NOT BE
USED IN EVIDENCE IN ANY COURT ACTION RELATING TO THE INJURY AND MAY
NOT BE USED FOR ANY PURPOSE IN ANY LEGAL ACTION IN CONNECTION WITH THE
INJURY IF THE SETTLEMENT AGREEMENT OR RELEASE IS OBTAINED CONTRARY TO
THE PROVISIONS OF SUBSECTION (B) OF THIS SECTION.

(D) EFFECT OF RELEASE ON SUBSEQUENT TORT-FEASOR.

A RELEASE EXECUTED BY AN INDIVIDUAL WHO HAS SUSTAINED PERSONAL
INJURIES DOES NOT DISCHARGE A SUBSEQUENT TORT-FEASOR:

(1) WHO IS NOT A PARTY TO THE RELEASE; AND

(2) (I) WHOSE RESPONSIBILITY FOR THE INDIVIDUAL'S INJURIES IS
UNKNOWN AT THE TIME OF EXECUTION OF THE RELEASE; OR

(II) WHO IS NOT SPECIFICALLY IDENTIFIED IN THE RELEASE.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 79, §§ 11, 12, and 13.

Throughout this section, the references to an injured "individual" are
substituted for the former references to an injured "person" because only an
individual, and not other entities that may be included in the term "person"
under Art. 1, § 15 of the Code, can sustain personal injuries.

In subsection (a) of this section, the references to the "individual" are
substituted for the former references to the "party" for consistency with the
rest of this section.

In subsection (b) of this section, the references to the "individual" are
substituted for the former references to the "person" for consistency with the
rest of this section.

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